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(영문) 수원지방법원 평택지원 2018.01.31 2017고단2041
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car with B test partitions in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On September 2, 2017, at around 21:45, the Defendant, while driving the said vehicle under the influence of alcohol level of 0.161% and making it difficult to drive the vehicle normally, was negligent in neglecting the duty of front C in the influence of alcohol and in failure to operate the steering and operation mechanism accurately, and the Defendant, at the same time, conflict with the front part of the Defendant, following the E-learning car driven by the victim D (41 e-learning car driven at the front section) who was driven by the victim D (41 e-learning car in the front section).

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment.

2. On September 2, 2017, the Defendant driven the said vehicle under the influence of alcohol content of about 0.161% from the 5km section from the 5km section to the place where the said accident occurred, on the road from the trade name in a safe and in a safe manner, at around 21:45 on September 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, a statement on the circumstances of the driver at the main place, and an investigation report (a report on the situation of the driver at the main place);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria (the scope of punishment recommended) for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be the injury by traffic accidents in general;

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